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Ackaia Terms of Use

Please read these terms carefully before using or accessing a Ackaia website or any content or material made accessible through a Ackaia website (collectively, “the websites”). By using or accessing a Ackaia website, you agree to the terms herein. If you do not agree to these terms, do not access or use a Ackaia website. These terms apply only to the website and are not the terms governing the purchase or use of Ackaia’s products or services

The Websites are maintained by Ackaia Corporation in order to provide information related to Ackaia’s products and services. Ackaia does not make any representations or warranties about the Websites and use of a Website is at your own risk. Ackaia may modify a Website or these terms without notice and in its sole discretion. All modifications are effective immediately after the change is made. Please review these terms each time you visit or access a Website to ensure that you are aware of any changes.

1. Licenses

You are granted a limited and revocable license to access the Website in accordance with these terms. You may not use a Website in any jurisdiction where its contents or use is restricted or prohibited by law. You may not use the Website for any purpose other than learning about Ackaia, ordering its products and services, or maintaining your customer account.

2. Information Collection

Ackaia collects and stores information in accordance with the privacy policy posted on the Website. You grant Ackaia an irrevocable and royalty-free license to use any information submitted to Ackaia through a Website. By submitting information to Ackaia, you represent that the information is accurate and that any use of the information will not violate the rights of a third party.

3. Proprietary Rights of Ackaia

The Websites consist of and contain proprietary rights owned by Ackaia and its licensors. Unless Ackaia gives you express written permission to the contrary, you may not copy or create derivative works of a Website for any reason, including utilizing framing technologies to enclose proprietary information. Any unauthorized use of Ackaia’s intellectual property on a third party website or for commercial purposes is expressly prohibited.

4. Proprietary Rights of Third Parties

Ackaia respects the intellectual property rights of others. Please contact legal@ackaia.com if you believe that a Ackaia Website contains material that infringes on the rights of a third party.

5. Links

A Website may link to another website under the control of a third party. These links are provided for convenience only. Ackaia does not endorse, monitor, control or verify the contents of any third party website and is not liable for any content accessed through a link.

6. Warranties

The websites are provided on an “as is” and “as availble” basis. Ackaia disclaims all warranties and representations related to the websites, including any warranty on the accuracy of information presented trhough a website and all warranties related to non-infringement, fitness for a particular use, and non-infringement. Nothing on a website constitutes a warranty on Ackaia’s products or services.

7. Waiver of Liability

You waive all liability of Ackaia related to the websites, even if Ackaia is aware of the possibility of liability. Ackaia is not responsible for any inaccurate content or information on a website. Ackaia is also not responsible for problems or technical malfunctions of a website or any equipment or software used to access a website. Ackaia is not liable for any loss or damage related to the use of a Ackaia website. The disclaimers and limitations on warranty herein apply to the maximum extent allowed by law.

8. Indemnity

You agree to indemnify and hold Ackaia harmless against any damages, fees, and expenses (including reasonable attorney fees) related to a third party claim where such claim arises out of your use of a website, including your use of a link on a website or your submission of information through the website.

9. Governing Law

All Website-related disputes are governed by the laws of the state of New York without regard to any conflict of law principles. You agree to personal jurisdiction by and exclusive venue in the state and federal courts in New York County.

10. Other

These terms contain the entire agreement between you and Ackaia with respect to your use of the Websites. Any term held invalid by a competent court of law does not affect the validity and enforceability of the other terms herein.